Hewes v West Hertfordshire Hospitals NHS Trust & Ors (3) [2018] EWHC 2715 (QB) (18 October 2018)

Hewes v West Hertfordshire Hospitals NHS Trust & Ors (3) [2018] EWHC 2715 (QB) (18 October 2018)

Summary judgment was wrongly granted because the claimant had a realistic prospect of success, supported by a GP expert, and it was premature to decide the issue before exchange and discussion of expert evidence; the absence of a detailed report from the claimant did not justify summary judgment.

Citation
[2018] EWHC 2715
Parties
Appellant/claimant: Barry Frederick Hewes; Respondent/defendant (1): West Hertfordshire Hospitals NHS Trust; Respondent/defendant (2): East of England Ambulance Service NHS Trust; Respondent/defendant (3): Dr Pankaj Tanna
Jurisdiction
England and Wales
Judgment Date
18 October 2018
Procedural Posture
Appeal (from Summary Judgment in Clinical Negligence) / Appeal Judgment
Outcome
Appeal allowed; summary judgment set aside.
Legal Topics
Summary Judgment, Expert Evidence, Breach of Duty, Causation, CPR 24.2, CPR 35.4, Bolitho Principle
Clinical Negligence Civil Procedure Summary Judgment Expert Evidence Breach of Duty Causation CPR 24.2 CPR 35.4 +1 more

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Parties

Barry Frederick Hewes

Appellant/claimant

West Hertfordshire Hospitals NHS Trust

Respondent/defendant (1)

East of England Ambulance Service NHS Trust

Respondent/defendant (2)

Dr Pankaj Tanna

Respondent/defendant (3)

Procedural Posture

Appeal (from Summary Judgment in Clinical Negligence) / Appeal Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate in a clinical negligence claim before exchange of expert evidence
  2. 2 Whether the claimant had a realistic prospect of success on breach of duty against the GP (D3)
  3. 3 Whether the absence of a detailed expert report from the claimant justified summary judgment

Ratio Decidendi

Summary judgment was wrongly granted because the claimant had a realistic prospect of success, supported by a GP expert, and it was premature to decide the issue before exchange and discussion of expert evidence; the absence of a detailed report from the claimant did not justify summary judgment.

Court Disposition

Appeal allowed; summary judgment set aside.

Orders

  • Summary judgment in favour of Dr Pankaj Tanna (D3) set aside.
  • Matter to proceed to trial on breach of duty and causation.